1972 04 18 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 18, 1972
The City Council of theCity of Baytown met in regular session on Tuesday,
April 18, 1972 at 6:30 p.m., in the Council Room of the Baytown City Hall with the
following members in attendance:
Jody Lander
Tom Gentry
Charles Pool
Jim McWilliams
C. 0. Walker
Allen Cannon
C. Glen Walker
J. B. LeFevre
Howard Northcutt
Neel Richardson
Belinda Bingham
Absent: Edna Oliver
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
Acting City Manager
Administrative Asst
City Attorney
Deputy City Clerk
City Clerk
6-AD 0
Mayor Walker called the meeting to order and the Invocation was offered by
Councilman Gentry. He then called for consideration of the minutes of the special
meeting of March 28. Councilman Lander moved to approve the minutes as submitted and
Councilman Walker seconded the motion. The vote was unanimous in favor.
Mayor Walker called for consideration of the minutes of the special meeting of
March 30. Councilman Cannon made one correction - the estimated cost of repaving Jones
Road from Sterling to Schilling should read $36,000, afterwhich he moved to approve the
minutes as corrected. Councilman Lander secbnded the motion and the vote was unanimous
in favor.
Mayor Walker called for consideration of the minutes of the special meeting
of April 12. Councilman Walker moved to approve the minutes as submitted and Councilman
Cannon seconded the motion. The vote was unanimous in favor.
Receive Proposals - 2.6 Million Dollars of General Obligation Bonds
Mr. Tom Masterson, Fiscal Agent, presided at the opening of the bids. The
tabluation follows:
Name Bonds Maturing @
Phelps, Fenn & Co & Assoc. 1973=80 6:0%
1981 5.5
1982 -85 5.0
1986 -87 5.2
1988 -89 5.4
1990 -92 5.5
First Nat'l Bank of Dallas
Ft. Worth Nat'l Bank
Rauscher- Pierce Securities
Texas Commerce Bank
Goldman Saxe & Co.
Republic nat'l Bank of
Dallas & others
1973 -79
1980 -86
1987
1988
1989
1990 -92
1973 -77
1978 -82
1893 -85
1986 -87
1988 -89
199092
5.875
5.0
5.2
5.3
5.4
5.5
5.75
4.75
5.0
5.25
5.4
5.50
Effective Interest'Rate
5.4241%
5.37788
5.3652
t?
5200-A Regular meeting, April 18, 1972
Underwood, Neuhaus & Co and Assoc. 1973 -78 6.0%
1979 -86 5.0
1987-88 5.2
1989 -90 5.4
1991 -92 5.5
Rowles, Winston & Pierce
5.349688%
Dominic & Dominic & others 1973 -76 5.75
1977 -86 5.0
1987 -88 5.2
1989 -91 5.4
1992 5.5 5.314699%
While Mr. Masterson tabulates the bids received, Council will continue
with the printed agenda.
Baytown Cleanup Campaign
City Attorney Neel Richardson read Resolution No. 380 supporting the
efforts of the Chamber of Commerce and the Baytown Beautification Committee in
their fight to have the litter ordinance vigorously enforced. Councilman McWilliams
moved to adopt the resolution; motion seconded by Councilman Walker. Discussion
followed concerning the necessity of the resolution, and wording of parts of the
preamble, afterwhich a vote on the motion was called:
Ayes: Councilmen Lander, Gentry, "Pool, McWilliams, Walker
Mayor Walker
Nays: Councilmen Cannon
The caption of the resolution follows:
RESOLUTION NO. 380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FORMALLY
ENDORSING THE FFORTS OF THE CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE
AND THE CITY OF BAYTOWN'BEAUTIFICATION COMMITTEE IN THEIR EFFORTS IN
AN ALL OUT CLEANUP CAMPAIGN IN THE CITY OF BAYTOWN.
Mr. Masterson - Tabulation of Bids
Mr. Masterson reported all tabulations to be correct, and recommended
accepting the bid of Rowles, Winston Company and Associates at an interst of
5.314 %, for the sale of 2.6 million dollars of General Obligation Bonds.
Ordinance - Accept Bid - Bond Sale
City Attorney Neil Richardson read the caption of the proposed ordinance
authorizing the sale of the General Obligation Bonds. Councilman Cannon moved to
adopt Ordinance No. 1210 and accept the lowest bid of Rowles Winston Company.
Councilman Lander -_ seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1210
AN ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION
BONDS, SERIES 1972; APPROPRIATEING $2,600,000 OF PROCEEDS OF SALE
THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS
RELATIVE THERETO.
Mr. Master requested permission to return all bidders' checks. Councilman
Walker moved to return the checks and Councilman Cannon seconded themotion. The
vote:
Aye: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nay: None
Minutes, April 18, 1972
ORDINANCE NO. 1210
CERTIFICATE FOR
ORDINANCE AUTHORIZING ISSUANCE OF
$2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972;
APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF
FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS
RELATING THERETO
THE STATE OF TEXAS X
COUNTIES OF HARRIS AND CHAMBERS X
CITY OF BAYTOWN X
We, the undersigned officers of theCity Council of the'CITY OF BAYTOWN,
TEXAS, hereby certify as follows:
5201
1. The City Council of the CITY OF BAYTOWN, convened in REGULAR MEETING,
ON THE 18TH DAY OF APRIL, 1972, in the City Hall, within the City; and the roll
was called of the duly constituted officers and members of said Council and the
City Clerk; to -wit:
Glen Walker
Mayor
Tom Gentry
Councilman
Charley 0. Walker
Councilman
Charles Pool
Councilman
Allen Cannon
Councilman
Jody Lander
Councilman
Jim McWilliams
Councilman
Mrs. Edna Oliver
City Clerk
++ and all of said persons were present except the following absentees: Mrs. Edna oliver,
thus constituting a quorum. Whereupon, among other business, the following was
transacted a said meeting: a written
ORDINANCE AUTHORIZING USSUANCE OF
$2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972;
APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF
FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS
RELATING THERETO
was duly introduced for the consideration of said Council and read in full. It
was then duly moved and seconded that said ordinance be adopted; and, after due
discussion, said motion, carrying with it the adoption of said ordinance, prevailed
and carried by the following vote:
AYES: All members of said Council shown
present above voted "Aye."
NOES: None
2. That a true, full and correct copy of the aforesaid ordinance adopted
at the meeting described in the above and foregoing paragraph is attached to and
follows this certificate; that said ordinance has been duly recorded in said Council's
minutes of said meeting; that the above and foregoing paragraph is a true, full, and
correct excerpt from said Council's minutes of said meeting pertaining to the adoption
of said ordinance; that the personsn named in the above and foregoing paragraph are
the duly chosen, qualified, and acting officers and members of said Council as indicated
therein; that each of the officers and members of said Council was duly and sufficiently
notified officially and personally, in advance,cf the time, place, and the purpose
of the aforesaid meeting and that said ordinance would be introduced and considered
for adoption at said meeting, and each of said officers and members consented, in
advance, tothe holding of said meeting for such purpose; that said meeting was open
to the public as required by law; and that public notice of the time, place, and
subject of said meeting was given as required by Vernon's Article 6252 -17, as amended.
9 9
5202 Minutes, April 18,
3. The Mayor of said City has approved, and hereby approves, the aforesaid
ordinance; the Mayor and City Clerk of said City have duly signed sad ordinance;
and the Mayor and City Clerk of said City hereby declare that their signing
of this certificate shall also constitute the signing of the attached and
following copy of said ordinance for all purposes.
SIGNED AND SEALED the 19th day of April, 1972.
e��"�R 1
4 Q��
City Clerk Mayor
ORDINANCE NO. 1210
ORDINANCE AUTHORIZING ISSUANCE OF
$2,600,000 GENERAL OBLIGATION BONDS, SERIES 1972;
APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF
FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS
RELATING THERETO
THE STATE OF TEXAS X
COUNTIES OF HARRIS AND CHAMBERS X
CITY OF BAYTOWN X
WHEREAS, the bonds. hereinafter authorized were duly and favorably .
l
voted at an election held in the City on the 17th day of March, 1970; and
WHEREAS, the City Council now deems it advisable to issue, sell, and
deliver $2,600,000 bonds for the purposes shown in the following schedule as
a portion and the last installment of bonds out of said total authorized bonds:
l9
Amount
Amount
Date
Amount
Heretofore
Being
Unissued
Purpose
Authorized
'Authorized
Issued
Issued
Balance
San. Sew. Sys.
3 -17 -70
$,705,000
$1,705,000
$ -0-
$ -0-
Waterworks Sys.
3 -17-70
$2,010,000
2,010,000
-0-
-0-
Streets
3 -17 -70
3,715,000
1,435,000
$2,280,000
-0-
Park
3 -17 -70
920,000
600,000
320,000
-0-
Police Bldg.
3 -17 -70
500,000
500,000
-0-
-0-
Fire Station
3 -17 -70
50,000
50,000
-0-
-0-
Public Works
3 -17 -70
200,000
200,000
-0-
-0-
$9,100,000
$6,500,000
$2,600,000
$ -0-
l9
5203
WHEREAS, the City Council has caused a notice of sale of such bonds to
be published in the TEXAS BOND REPORTED which is a publication carrying municipal
bond notices and devoted primarily to financial news and in the BAYTOWN SUN which
is the official newspaper of the City, said notice having been published in each
said publication more than ten days prior to thedate set for the sale of said bonds;
and
WHEREAS, bids have been received pursuant to said publications of said
notice and theCity Council desires to authorize the issuance of said bonds and
award the sale thereof on the basis of the best bid received;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, THAT:
Section 1(a). The ordinance heretofore adopted by the City Council on the
26th day of February, 1970, authorizing the issuance of the bonds described in the
preamble of this ordinance and calling an election therefor is hereby in all things
ratified and confirmed.
Section 1(b). All the matters and facts recited in the preamble hereof
are hereby officially found to be true and correct.
Section 2. The City's negotiable, serial, coupon bonds to be designated
CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972 (hereinafter called
the "Bonds "), are hereby authorized to be issued and delivered in the principal
amount of $2,600,000 for the following purposes:
(1) $2,280,000 for constructing permanent street improvement; and
(2) $320,000 for punccasing and /or improving lands for park purposes
Section 3. Said Bonds shall be dated April 15, 1972, shall be numbered
consecutively from 1 through 520, and shall be in denomination of $6,000 each, and
shall mature serially on February 15 of each of the years, and in the amounts,
respectively, as set forth in the following schedule:
99.
YEAR
AMOUNT
YEAR
AMOUNT
1973
1974
1975
1976
1977
1978
$50,000
50,000
50,000
50,000
50,000
50,000
1983
1984
1985
1986
1987
1988
$ 75,000
75,000
100,000
100,000
150,000
225,000
1979
50,000
1989
300,000
1980
1981
1982
75,000
75,000
75,000
1990
1991
1992
300,000
350,000
350,000
99.
5204
Said Bonds may be redeemed prior to their scheduled maturities, at the option
of the City, on the dates stated and in the manner provided in the FORM OF BOND
set forth in this ordinance.
Section 4. Said Bonds shall bear interest per annum at the following rates,
respectively, to -wit:
Bonds maturing
1973
through
1976,
5-3/4 %
Bonds maturing
1977
through
1986,
5 %
Bonds maturing
1987
through
1988,
5.2 %
Bonds maturing
1989
through
1991,
5.4 %
Bonds maturing
1992
5� %
evidenced by interest coupons which shall appertain to said Bonds which shall
be payable on the dates indicated in the FORM OF BOND set forth in this ordinance.
Section 5. Said Bonds, and the interest coupons appertaining thereto,
shall be payable, shall the characteristics, and shall be signed and executed
(and said Bonds shall be sealed), all as provided in the manner indicated in
the FORM OF BOND set forth in this ordinance.
Section 6. The form of said Bonds, including the form of registration
certificate of the Comptroller of Public Accounts of the State of Texas to be
printed and endorsed on each of said Bonds, and the form of the aforesaid interest
coupons which shall appertain and be attached initially to each of said Bonds,
shall be, respectively, substantially as follows:
NO.
'FORM OF BOND:
$5,000
UNITED STATESOF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN, TEXAS
GENERAL OBLIGATION BOND
SERIES 1972
ON FEBRUARY 15, , the CITY OF BAYTOWN, in the Counties of Harris
and Chambers, in the State of Texas, promises to pay to bearer the principal amount
of
H
5205
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate of % per annum,
evidenced by interest coupons payable February 15, 1973, and semiannually thereafter
on each August 15 and February 15 while this bond is outstanding. The principal
of this bond and the interest coupons appertaining hereto shall be payable to
bearer, in lawful money of the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of this bond or peoper interest
coupon at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, or, at the option
of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, which
banks shall be the paying agents for this series of bonds.
THIS BOND is one of a series of negotiable, serial, coupon bonds, dated
April 15, 1972, issued in the principal amount of $2,600,000 for the following purposes:
(1) $2,280,000 for constructing permanent street improvements; and
(2) $320,000 for purchasing and /or improving lands for park purposes;
in accordance with Chapters 1. and 7 of Title 22, Revised Civil Statutes of nexas,
as amended, and pursuant to an election held within the City on the 17th day of March,.
1970, and authorized pursuant to an ordinance duly adopted by the City Council of the
City entitled ORDINANCE AUTHORIZING ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS,
SERIES 1972; APPROPRIATING $2,600,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS;
AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally passed on the 18th day
of April, 1972, this bond being one of a series of bonds which constitutes a portion
and the last installment of $9,100,000 general obligation bonds voted at the aforesaid
election.
ON FEBRUARY 15, 1987, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding
bonds of this series may be redeemed prior to their scheduled maturities, at the option
of the City, IN WHOLE, OR IN PART IN UNIVERSE NUMERICAL ORDER, for the principal amount
thereof and accrued interest thereon to the date fixed for any such redemption. At
least thirty days prior to the date fixed for any such redemption, the City shall
cause a written notice of such redemption to be mailed to the banks at which said
bonds are payable and published at least once in a financial publication published
in the City of New York, New York. By the date fixed for any such redemption, due
provision shall be made with the paying agents for the payment of the required
redemption price. If such written notice of redemption is published lind if due
provision for such payment is made, all as provided above, the bonds which are to
be so redeemed thereby autbmatically shall be redeemed prior to their scheduled
maturities; and they shall not be regarded as being outstanding except for the purpose
fig
5206
of bing paid by the paying agents with the funds so provided far such payment.
IT IS HEREBY certified, recited, and covenanted that this bond had been
duly and validly voted, authorized, issued, and delivered; that all acts,
conditions, and things required or proper to be performed, exist, and be done
precedent to or in the issuance and delivery of this bond, have been performed,
existed, and been done in accordance with the law; that this bond is a general
obligation of the City, issued on the full faith and credit thereof; and that
annual ad valorem taxes sufficient to provide for the payment of the interest on
and principal of this bond, as such interest comes. due and such principal matures,
have been levied and ordered to be levied against all taxable property in the
City and have been pladged irrevocably for such payment within the limits
prescribed by law.
IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto
have been signed with the facsimile signature of the Mayor and countersigned with
the facsimile signature of the City Clerk of the City, and the official seal of the
City has been duly impressed, or placed in facsimile, on this bond.
Mayor
COUNTERSIGNED:
XXXXXXXXX
City Clerk
(SEAL)
FORM 'OF'REGISTRATION'CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE I REGISTER NO.
I hereby certify that this bond has been examined, certified as to
validity, and approved by the Attorney General of the State of Texas and that
this bond has been registered by the Comptroller of Public Accounts of the State
of Texas.
(SEAL)
WITNESS MY signature and seal this
I
Comptroller of Public Accounts of
The State of Texas
NO.
FORM OF INTEREST COUPON:
ON 15, 19 ,
5207
the CITY OF BAYTOWN, in the Counties of Harris and Chambers, State of Texas, promises
to pay the bearer the amount shown on this interest coupon, in lawful money of the
Unites States of America, without exchange or collection charges to the bearer, upon
presentation and surrender of this interest coupon at the CITIZENS NATIONAL BANK &
TRUST COMPANY, Baytown, Texas, or, at the option of the holder, at the FIRST CITY
NATIONAL BANK OF HOUSTON, Houston , Texas, said amount being interest due that day
on the bond hearing the number hereinafter designated of that issue of CITY OF BAYTOWN,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972, dated April 15, 1972. Bond NO.
xxxxxxxxxx
City Clerk
xxxxxxxxx
Mayor
Section 7. A special fund or ac -ount, to be designated the "City of Baytown,
Texas, LGeneral Obligation Bonds, Series 1972, Interest and Sinking Fund," is hereby
created and shall be established and maintained by the City at an official depository
bank of the City. The Interest and Sinking Fund shall be kept separate and apart
from all other funds and accounts of the City and shall be used only -for paying the
interest on and principal of said Bonds. All ad valorem taxes levied and collected
for an on account of said Bonds shall be deposited, as collected, to the credit of
the Interest andSinking Fund. During each year while any of said Bonds or interest
coupons appertaining thereto are outstanding and unpaid, the City Council of the City
shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient
to raise and produce the money required to pay the interest on said Bonds as such
interest comes due and to provide and maintain a sinking fund adequate to pay the
principal of such Bonds as such principal matures but never less than 2% of the
original principal amount of said Bonds as a sinking fund each year; and said tax
shall be based on the latest approved tax rolls of the City, with full allowance being
made for tax delinquencies and the cost of tax collection. Said rate and amount of
ad valorem tax are hereby levied, and are hereby ordered to be levied, against all
taxable property in the City for each year while any of saidBonds or interest coupons
appertaining thereto are outstanding and unpaid; and said tax shall be assessed and
19
5208
collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment
of the interest on and prinicipal of said Bonds, as such interest comes due and
such principal matures, are hereby pledged irrevocably for such payment within
the limits prescribed by law.
Section 8. There is hereby appropriated out of the proceeds of sale
of the Bonds authorized by this ordinance the following sums for the following
indicated purposes, respectively:
(1) $2,280,000 for constructing permanent street improvements; and
(2) $320,000 for purchasing and /or improving lands for park purposes.
It is hereby estimated that the maximum cost, respectively, for each of the aforesaid
projects will not exceed the amount named above for each such project, respectively;
and there is no necessity for any down payment on these projects; and no such
down payment is hereby ordered to be made. It is hereby officially found and
determined that the probable period of usefulness of each of the aforesaid
projects is forty years.
Section 9. Out of the proceeds of sale of the Bonds authorized by this
ordinance the following sums are hereby ordered to be used and expended for the
following indicated purposes; respectively:
(1) $2,280,000 for constructing permanent street improvement; and
(2) $320,000 for purchasing and /or improving lands for park purposes;
as provided in the ordinance adopted on the 26th day of February, 1970, calling
the bond election which was held in the City on the 17th day of March, 1970.
Section 10. The City hereby specially covenants -and agrees with the
original purchasers of the Bonds and with the owners or holders from time to
time of the Bonds that:
(1) The City will promptly proceed to utilize the proceeds of the sale
of the Bonds (.other than accrued interest to date of delivery and any premium)
for the purpose, as stated on the face of each of said Bonds, for which the Bonds
are to be issued.
(2) No portion of the Bonds is issued as a part of an issue, all or a
major portion of theproceed of which are reasonably expected to be used directly
or indirectly;
19
5209
(a) to acquire securities (within the meaning of Section 165 [g] [2] [A]
or obligations (other than the obligations described in Section 103[a][1] of the
Internal Revenue Code), except for a temporary period to the extent permitted by
Section 103 (d) (4) (A) of the Internal Revenue Code, which may be reasonably
expected at the time of the issuance of such issue of Bonds to produce a yield
over the term of the issue of Bonds which is materially higher (taking into
account any discount or premium) than the yield on the issue of Bonds, or
(b) to replace funds which were used directly or indirectly to acquire
securities or obligations described in subparagraph (a) above.
(3) The City will take such action as may be necessary in accordance with
regulations prescribed from time to time by the Secretary of the Treasury or his
delegate to carry out the purposes of Section 103 (d) of the Internal Revenue Code
so that no portion of the issue of Bonds shall be classified as an "arbitrage bond"
within the meaning of Section 103(d) of the Internal Revenue Code.
(4) The City will not permit to be deposited to the credit of any of the
funds herein mentioned or applied to the payment of the prinicipal of or interest
on the Bonds any proceeds from any grant, donation, or income received from the
United States Government, whether pursuant to agreement or otherwise, if such
deposit or application would result in interest payable on said Bonds being
includable in whole or in part in gross income for Federal income taxes.
Section 11. The Mayor of said City is hereby authorized to have control
of said Bonds and all necessary records and proceedings pertaining to said Bonds
pending their delivery and their investigation, examination, and approval by the
Attorney General of the State of Texas and their registration by the Comptroller
of Public Accounts of the State of Texas. Upon registration of said Bonds, the
Comptroller of Public Accounts (or a deputy designated in writing to act for the
Comptroller) shall manually sign the Comptroller's Registration Certificate
prescribed herein to be printed and endorsed on each Bond, and the seal of the
Comptroller shall be impressed, or placed in facsimile, on each of said Bonds.
Section 12. Said Bonds are hereby sold and shall be delivered to
Rowles, Winston & Co. for the par value thereof and accrued interest thereon
to date of delivery, plus a premium of $ none , subject to the unqualified
approving opinions, as to the legality of said Bonds, of the Attorney General of
the State of Texas and of Vinson, Elkins, Searls & Smith, Houston, Texas, market
attorneys; and it is hereby officially found, determined, and declared that the
Bonds are sold on the best terms and for the best price possible.
0 C 1
5210
Section 13. The Mayor and all other appropriate officers of the CITY
OF BAYTOWN are hereby authorized and directed to do any and all things necessary
or convenient to carry out the provisions of this ordinance.
Section 14. This ordinance was read once by the City Council and shall
taee effect immediately.
Section 15. It is hereby officially found and determined that the need
of the City for such financing creates an emergency and and urgent public
necessity for the holding, at the scheduled time, of the meeting of the City
Council at which this ordinance is adopted and for the adoption of this ordinance;
and the NOTICES OF MEETING relating to said meeting and heretofore posted by the
City Clerk, and the posting thereof, are hereby authorized, approved, adopted,
ratified, and confirmed.
PASSED, AUTHENTICATED, AND APPROVED this 18th day of April, 1972.
ATTEST:
City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
Mayor
CITY OF BAYTOWN, TEXAS
Minutes., April 18, 1972 5211
Baytown Beautification Association— Formation
Mr. Mery Rosenbaum, Chairman of the City Beautification Committee requested
Council permission to merge with the Chamber of Commerce Beautification Committee,
thus forming the Baytown Beautification Association. He presented an outline
based on a similar organization formed in San Antonio showing the purposes and
accomplishments of the group, and methods of operation. The committeee will first
officially combine on May 1. Councilman Gentry moved to disolve the City's
Beautification Committee for the purpose of combining with the Chamber of Commerce
Beautification Committee into a corporate organization. Councilman Cannon seconded
the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Agreement with Ellington Air Force Base and City of Baytown
City Attorney Richardson read the caption of Resolution No. 381, which is
an agreement between the City of Batyown and Ellington Air Force Base regarding
reciprocal fire assistance. This resolution will eliminate any misunderstandings
of who would be in charge .of any airplane crash inside Baytown Fire Department
jurisdictions that is for military and governmental craft only. Councilman Walker
moved to adopt the resolution. Councilman Cannon seconded the motion. The vote
follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the resolution farrows:.
RESOLUTION NO. 381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION BETWEEN
THE CITY OF BAYTOWN FIRE DEPARTMENT AND ELLINGTON AIR FORCE BASE
FIRE DEPARTMENT.
Agreements with Consultants regarding Employees Retirement Plan
City Attorney Richardson read the caption of the ordinance authorizing
the employment of the consulting firm of Galbraith & Green to, evaluate the employee's
retirement proposals. Councilman Lander moved to adopt the ordinance. Councilman
Cannon seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE NO. 1211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH GALBRAITH AND
GREEN FOR A SUM NOT TO EXCEED ONE THOUSAND FIVE HUNDRED AND N01100
($1,500) DOLLARS FOR A COMPLETE STUDY AND RECOMMENDATION ON PROPOSALS
PRESENTED TO THE RETIREMENT COMMITTEE AND PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
Final Reading - Annexation - 30 acres for park
Mayor Walker introduced the proposed ordinance annexing the Harper 30 -acre
tract on final reading. Councilman Walker moved to adopt the ordinance. Councilman
Lander seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
89.
5212 Minutes, April 18, 1972
ORDINANCE NO. 1194
AN ORDINAMCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS.
Bids - Roseland Swimming Facility
Acting City Manager LeFevre recommended "throwing out" the two bids
received thus far, and re- advertising for bids. The specifications may also
be revised. Some of the work may be combined with other bidding projects
in order to create more response from bidders. Councilman Walker moved to
reject the two bids received, and re- advertise. Councilman Cannon seconded
the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walter and Cannon
Mayor Walker
Nays: None
Bids - Constriction of Sodewalks at various schools and base for Fountain -Civic Center
Mr. LeFevre recommended throwing out bids received on these two projects
and re- advertising for bids; these may be' combined to attract more bidders. If
the bids are not acceptable regarding the sidewalks, the City and schools may use
their own forces.to build them. Councilman Gentry moved to accept the Administrations'
recommendation and Ye- advertise for bids Councilman Lander seconded the motion.
The vote follows:
Ayes: councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Speed Limit on Hiway 146 during Construction
City Attorney Neel Richardson introduced and read the caption of an
ordinance which would reduce the speed limit, to 30 mph, on Highway 146 from
Alexander Drive to Cedar Bayou Road --during construction. Councilman Walker
moved to adopt the ordinance and Councilman Cannon seconded the motion.
The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams; Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE NO. 1212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING SPEED LIMITS DURING CONSTRUCTION OF HIGHWAY 146
FROM ALEXANDER DRIVE TO CEDAR BAYOU ROAD AND PROVIDING FOR A
PENALTY FOR THE VIOLATION THEREOF.
Telephone Rate Consultant - Fee
City Attorney Richardson read the caption of the ordinance authorizing
the payment of $6,144.03 to Clinton Owsley & Associates for services rendered
as telephone rate consultant. After discussion of the itemized statement
from Mr. Owsley, Councilman Lander moved to adopt the ordinance.
Councilman Pool seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon
Mayor Walker
Nays: None
IC
Minutes, April 18, 1972 5213
ORDINANCE NO. 1213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SIX THOUSAND ONE HUNDRED FORTY -FOUR
AND 03/100 ($6,144.03) DOLLARS TO CLINTON OWSLEY AND ASSOCIATES,
PUBLIC UTILITY RATE AND SERVICE CONSULTANTS, FOR CONSULTING SERVICES
IN CONNECTION WITH A REQUEST BY GENERAL TELEPHONE COMPANY OF THE
SOUTHWEST TO INCREASE LOCAL RATES AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
General Telephone Franchise - Second Reading
City Attorney Richardson read the caption of the ordinance granting a
franchise to General Telephone. Councilman Lander moved to adopt the ordinance;
motion seconded by Councilman Walker. Mr. Don Holdridge, Vice President of
General Telephone Company of the Southwest stated the franchise is acceptable
to his company in every respect but one - Section 7 regarding the gross receipts
tax on "telephone operations within the corporate limits of the city." Under
state law, the city does not have legal authority to assess tax on total
operations of the company, but only on "local telephone operations." If the
language is changed in this regard, the franchise would become acceptable to
General LTelephone Company.
Mr. Richardson, in his legal opinion, was in agreement with Mr. Holdridge.
He said the ordinance could be re- considered and amended, thus requiring three
.readings, as it would assume the status of a new franchise ordinance.
Mrs. Holdridge also requested revision of the rate ordinance to strike the
clause that makes its passage contingent upon the passage of the franchise
ordinance; and make the rate increase effective in immediate future. Mayor Walker
pointed out that the wording of the ordinance and its attachment to the franchise
recognized not 6nly the need for increased rates, but the need for improved
service by General Telephone. Councilman Lander requested Councilman Walker to
withdraw the second, in order to withdraw his motion, and have the franchise
reconsidered. Councilman Walker declined, and a vote to adopt the franchise on
second reading was called:
Ayes: Councilmen Gentry, McWilliams and Walker
Mayor Walker
Nays: Councilmen Lander, Pool and Cannon
The caption of the ordinance follows:
ORDINANCE NO. 1205
AN ORDINANCE GRANTING TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST,
ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE TO
USE THE CITY'S PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, EASEMENTS
AND OTHER PUBLIC THOROUGHFARES, FOR ITS TELEPHONE SYSTEM FOR A PERIOD
OF FIFTEEN (15) YEARS FROM AND AFTER REGULATING THE USE OF THE STREETS
BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED
BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE
GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT
UNDER CONDITIONS BEYOND THE COMPANY'S CONTROL; PROVIDING FOR THE
TEMPORARY REMOVAL, RAISING AND LOWERING OF WIRES; PROVIDING.FOR
COMPENSATION TO BE PAID TO THE CITY OF BAYTOWN; PROVIDING FOR USE BY
THE CITY FOR ITS POLICE AND FIRE ALARM SYSTEM OF CERTAIN WIRE SPACE
AND CONDUITS, PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE;
PROVIDING THE COMPANY'S OBLIGATION TO FURNISH EFFICIENT TELEPHONE
SERVICE AT REASONABLE RATES; PROVIDING A SEVERABILITY-CLAUSE; RESERVING,
ALL POWERS OF REGULATION; PROVIDING FOR INDEMNITY BY THE COMPANY TO
THE CITY; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF
FRANCHISE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING
AN EFFECTIVE DATE.
Appointment.of Auditors
Councilman Walker, Chairman of the committee to select an auditor, recommended
continuing with the present firm of Gerace & Hullum 'for the next fiscal year.
Councilman Gentry moved to accept the recommendation. Councilman Lander seconded
the motion. The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
5214
Minutes, April 18, 1972
Designate terms - Baytown Environmental Advisory Board
Mayor Walker made the following recommendations for terms to Environmental
Advisory Board:
Carl Sannerton - member at large, 1 year term
Don Hyde - member at large, 1 year term
Bayshore Rod & Reel Club - complete unexpired 1 -year term
Texas Society of Professional Engrs. - complete unexpired 1 -year term
League of Women voters - 2 -year term
Steve Carroll - Citizen at large - 2 year term
American Soc. of Mechanical Engrs. - 2 year term
City Councilman - 2 year term
Citizen at large (vacant) 2 year term
Councilman Walker moved to accept the Mayor's recommendation for designation
of terms. Councilman Gentry seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walkerand Cannon
Mayor Walker
Nays: None
Baytown Housing Authority
Mayor Walker announced the re- appointment of Mr. Tom Litras and E. C.
Winegartner to the Baytown Housing Authority. Two vacancies will remain:
(1) Mr. Tony Campos's term has expired, and (2) Mr. H. M. Campbell is unable
to serve because of ill health. Appointments to the Housing Authority do not
require Council approval.
Planning Commission - Appointments
The terms of three Planning Commission members expires concurrently
with the City Council election : Mrs. Dan Mundinger, Dr. John H. Andrews
and Dr. Richard Strahan. Mayor Walker requested they be re- appointed for
two -year terms. Councilman McWilliams moved to reappoint these three
members. Councilman Lander seconded the motion. The vote follows:
Ayes: Councilmen Ladder, Gentry , Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Job Fair Committee - appointments
Mayor Walker requested the appointment of Mr. Ben Sizemore to the Job
Fair Committee. Councilman Walker moved to approve the appointment . Councilman
Cannnon seconded the motion. The vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Baytown Museum Advisory Board - appointments
In a letter to Council, Mr. I. M. Jones, Chairman of the Musuem Advisory
Board requested the re- appointments of Mrs. Sibyl Jordan and Mrs. Robert
Kelley, and the appointment of Mrs. Edna Gray. Councilman Gentry moved to
approve the appointments. Councilman Cannon seconded the motion. The
vote follows:
Ayes: Councilman Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
e
Minutes, April 18, 1972 5215
Industrial District Committee - appointments * ** *(see also 12aragraph below) * * * **
Councilman McWilliams reported a scheduled meeting of Industrial District
Committee with Helmrich -Payne Wednesday afternoon at 5PM, and requested the two
vacancies of the Committee be filled :prior to the meeting. Mayor Walker submitted
the names of Councilman Gentry, and Councilman Cannon who will serve as chairman..
Councilman Lander moved to approve the appointments. Councilman Walker seconded
the motion. Thevote follows:
Ayes; councilman Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Board of Equalization
Mayor Walker requested Council be considering appointments to the Board of
Equalization for the next regular Council meeting.
Unfinished Business
Brownwood - report on work session
t•
Mayor Walker summarized the steps, decided in work session, Council could take
to acquire funds for a levee: (1) Vist other cities that have been successful (2)
Visit the Corps of Engineers seeking "emergency" status (3) Pursue congressmen. to
make available funds (4) Consider possibility of hiring additional personnel or
a consultant. Councilman Gentry moved to authorize the Administration, or any personnel
the ministration deems necessary, to pursue the matter and expend monies necessary
to-acquire information necessary to bring further recommendation on this problem.
Councilman Walker seconded the motion and the vote follows:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Mr. W. B. Simon requested the status of the perimeter roads. Mr. LeFevre
reported the plans are nearing completion, and bids may be taken on May 15 provided
dirt has been secured. Mr. Richardson informed Council he could not secure a title
to the property the City had planned to purchase for fill dirt, but other alternatives
are being studied.
Chairmanship - Industrial District Committee * * * * * * * * * * * * * **
Councilman McWilliams informed Mayor Walker that he had served as chairman
of the Industrial District Committee, and requested reasons for his appointing
Councilman Cannon as chairman. Mayor Walker stated he was under the impression
the Committee did not have a chairman.
"Operation Alternatives"
Mayor Walker explained some information he had received regarding a program
to combat drug abuse, to be called "Operation Alternatives ". One hundred thirty
selected cities will attend the program in Dallas. Council may send for an
inventory packet to be filled out by the Administration. Councilman Cannon moved to
apply for the inventory packet. Councilman Gentry seconded the motion. The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Cannon
Mayor Walker
Nays: None
1972 Institute for Mayor, Councilmen and Commissioners
Mayor Walker informed Council May 14 -16 in San Antonio has been designated
as 1972 Institute for Mayor, Councilmen and Commissioners. This will be a workshop
for municipal affairs, or the councilman's place in solving problems'in the city.
Authorization for the trip may be made at the next council meeting.
to
5216
Letter from Mr. Jamie Bray
Minutes, April 18, 1972
Councilman Walker introduced a letter written to a Baytown citizen from
Mr. Jamie Bray, County Commissioner, in which he stated paving Baker Road is
a high priority on the maintenance program for the county this year.
Adjourn
Councilman Walker moved the meeting be adjourned. Councilman Lander
seconded the motion. The ayes were unanimous and the Mayor declared
themeeting adjourned.
APPROVED: --e- Q��
C. Glen Walker, Mayor
ATTEST:
Belinda Bingham, Deput City Clerk
V�